Amparan v. Plaza Home Mortgage, Inc.

Filing 63

STIPULATION AND ORDER TO CONTINUE HEARING ON DEFENDANT PLAZA HOME MORTGAGE, INC.'S MOTION TO DISMISS SECOND AMENDED COMPLAINT, MOTION TO STRIKE AND CASE MANAGEMENT CONFERENCE FROM NOVEMBER 7, 2008 TO DECEMBER 12, 2008 (granting docket no. 62 ). Motion hearing CONTINUED from 11/7/08 to 12/12/2008 at 9:00 AM in Courtroom 3, 5th Floor, San Jose. Signed by Judge Jeremy Fogel on 10/20/08. (jflc2, COURT STAFF) (Filed on 10/20/2008)

1 Lee A. Weiss (admitted pro hac vice) [e-mail] 2 Rebecca Tingey (admitted pro hac vice) [e-mail] 3 DREIER LLP 499 Park Avenue 4 New York, NY 10022 Phone: [phone] Fax: [phone] Paul R. Kiesel (SBN 119854) [e-mail] 7 Patrick DeBlase (SBN 167138) [e-mail] 8 Michael C. Eyerly (SBN 178693) [e-mail] 9 KIESEL BOUCHER LARSON LLP 8648 Wilshire Boulevard 10 Beverly Hills, CA 90211 Phone: [phone] Fax: [phone]

**E-Filed 10/20/08**

David M. Arbogast (SBN 167571) [e-mail] Jeffrey K. Berns (SBN 131351) [e-mail] ARBOGAST & BERNS LLP 19510 Ventura Boulevard, Suite 200 Tarzana, CA 91356 Phone: [phone] Fax: [phone]

12 Attorneys for Plaintiff and all others similarly situated 13 14 15 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ­ SAN JOSE DIVISION ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No.: C-07-04498-JF STIPULATION AND ---RO--OS-E---] [P ----P --- - D ORDER TO CONTINUE HEARING ON DEFENDANT PLAZA HOME MORTGAGE, INC.'S MOTION TO DISMISS SECOND AMENDED COMPLAINT, MOTION TO STRIKE AND CASE MANAGEMENT CONFERENCE FROM NOVEMBER 7, 2008 TO DECEMBER 12, 2008 Dept: Courtroom 3, 5th Floor Judge: Jeremy Fogel Complaint Filed: August 30, 2007 Trial Date: Not yet set.

ENEIDA AMPARAN, individually and on 16 behalf of all others similarly situated, 17 18 v. 19 PLAZA HOME MORTGAGE, INC., WASHINGTON MUTUAL MORTGAGE 20 SECURITIES CORP. and DOES 1 through 10 inclusive, 21 Defendants. 22 23 24 25 26 27 28 Plaintiff,

STIPULATION AND [PROPOSED] ORDER

1

WHEREAS, on October 2, 2008, Defendant Plaza Home Mortgage filed a Motion to

2 Dismiss Plaintiff's Second Amended Complaint and Motion to Strike (the "Motions") (Docket Nos. 3 58 and 59); 4 WHEREAS, the hearing on Defendant's Motions and a Case Management Conference are

5 calendared on November 7, 2008 at 9:00 a.m.; 6 WHEREAS, Plaintiff's opposition briefs to Defendant's Motions are currently due on

7 October 17, 2008 and Defendant's reply briefs are due on October 24, 2008; 8 WHEREAS, Plaintiff and Defendant (the "Parties") need additional time to brief the issues

9 raised in Defendant's Motions; 10 WHEREAS, the Parties propose continuing the hearing on Defendant's Motions and Case

11 Management Conference to December 12, 2008 at 9:00 a.m.; 12 WHEREAS, under the proposed new briefing schedule, Plaintiff will file her opposition

13 briefs, and supporting materials to Defendant's Motions on October 24, 2008 and Defendant will 14 file its reply briefs, and supporting materials on November 14, 2008. 15 Subject to the Court's approval, the Parties hereby stipulate and agree as follows:

16 THE PARTIES AGREE AND STIPULATE THAT: 17 1. The hearing on Defendant's Motions and Case Management Conference are continued to

18 December 12, 2008 at 9:00 a.m. 19 2. Plaintiff will file her opposition briefs, and supporting materials to Defendant's Motions on

20 October 24, 2008 and Defendant will file its reply briefs and supporting materials on November 14, 21 2008. 22 23 24 25 26 27 28 -1STIPULATION AND [PROPOSED] ORDER

1 DATED: October 17, 2008 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

DREIER LLP By: /s/ Lee A. Weiss Lee A. Weiss Attorneys for Plaintiff, ENEIDA AMPARAN PROCOPIO, CORY, HARGREAVES & SAVITCH LLP By: /s/ John D. Alessio John D. Alessio Attorneys for Defendant, PLAZA HOME MORTGAGE, INC.

-2STIPULATION AND [PROPOSED] ORDER

1 2

---R---P---S-----]- ORDER [P-- O - O - ED Pursuant to the Stipulation of counsel and for good cause shown, IT IS HEREBY

3 ORDERED that: 4 1. The hearing on Defendant's Motions and Case Management Conference are continued to

5 December 12, 2008 at 9:00 a.m. 6 2. Plaintiff shall file her opposition briefs, and supporting materials to Defendant's Motions on

7 October 24, 2008. 8 3. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -1STIPULATION AND [PROPOSED] ORDER

Defendant shall file its reply briefs, and supporting materials on November 14, 2008

IT IS SO ORDERED DATED: 10/20/08 Hon. Jeremy Fogel United States District Court Judge